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(영문) 대전지방법원 2019.01.11 2018고단1900
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On March 7, 2018, the Defendant was sentenced to one year of suspended execution for six months of imprisonment with labor due to the violation of the Labor Standards Act in the Suwon District Court’s Ansan Branch, and became final and conclusive on July 28, 2018.

【Criminal Facts】

The Defendant is a person who operated the “C fish driving school” in B when light-b, and the victim D works as a teacher of the said fish driving school.

1. On May 11, 2015, the Defendant, at the office of the fish farming institute, stated that “Around May 11, 2015, the Defendant intended to receive a benefit even if he/she did not provide the personal effects of the personal effects of the personal effects of the personal effects of the personal records of the personal records of the personal records of the personal records of the personal records of the personal records of the personal records of the personal records of the personal records of the personal records of the personal records of the personal records of the personal records of the personal records of the personal records of the personal records of the personal records of the personal records of the personal records of the personal

However, the Defendant had the obligation to pay KRW 63 million at the time, and the Defendant paid KRW 30 million for each month’s personnel expenses and rents, etc., but at the time, it was difficult to pay the above fixed costs as the operating income of the fish teaching institute was difficult due to the situation where the operation of the fish teaching institute was inappropriate, and thus, the Defendant did not have the intent or ability to pay the loan even if the Defendant received the loan as a joint and several surety.

The defendant received a total of 50 million won from five companies, such as Co., Ltd., E, etc. on the same day, and had the victim take a joint and several surety, thereby acquiring property profits equivalent to the same amount.

2. On June 2015, the Defendant rendered it difficult for the Defendant to refuse to pay from parents, even though he/she wanted to receive a loan that he/she guaranteed to the Defendant on the basis of the annual payment of the school expenses that he/she provided to the Defendant.

As a result, if a person lends money to him/her in the future, he/she will repay the loan that he/she had transferred to him/her and make a loan again if his/her credit is clean.

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